SECURITIES AND EXCHANGE COMMISSION Washington, D.C. LITIGATION RELEASE NO. 15988 / November 30, 1998 SECURITIES AND EXCHANGE COMMISSION v. SHARP CAPITAL, INC., ET AL. Civil Action No. 3-98-CV2792-G SEC CHARGES INVESTMENT ADVISER WITH SECURITIES FRAUD On November 25,1998, a Dallas-area registered investment adviser and its president consented to a preliminary injunction, asset freeze and the appointment of a Special Master in a civil fraud action brought by the Commission. The adviser and its president lost as much as $80 million of client funds in unauthorized, highly leveraged investments in speculative securities, including Russian debt instruments. The Commission's complaint names Sharp Capital, Inc. ("Sharp"), an investment adviser registered with the Commission, and its president, Mauricio Gutierrez ("Gutierrez") as defendants. The Complaint also names Emerging Markets Capital Advisors, Ltd. ("EMCA"), a Bahamian corporation, as a relief defendant. The Commission's Complaint charges Sharp and Gutierrez with violating the antifraud provisions of the federal securities laws. In particular, the Complaint alleges the following:  Since April 1997, Sharp and Gutierrez raised $82 million from at least 130 advisory clients in Mexico.  Sharp and Gutierrez promised to invest the funds of these clients only in conservative investments such as Eurobonds, Euro CDs and money markets, and misled clients by advising that specific instruments issued by well- known companies had been purchased for their accounts. Sharp and Gutierrez also sent clients confirmations and monthly portfolio statements on Sharp letterhead which falsely reflected the purchases and sales of these instruments, together with interest earned in the account.  In reality, very little client money was so invested. Instead, Sharp and Gutierrez pooled their funds in EMCA, an entity for which Sharp provided investment advisory services, and used these funds to make highly leveraged purchases of securities through the use of repurchase agreements with various broker-dealers.  EMCA's portfolio was invested in volatile emerging markets, including Russia, Venezuela and Brazil. In August 1998, at least 75% of the fund was invested in Russian Ruble-denominated debt instruments, whose value plummeted when the Ruble collapsed in mid-August 1998. As a result, much of the money of Sharp's clients was lost, and what remains is in illiquid investments. The Complaint charges that Sharp and Gutierrez violated the antifraud provisions found in Section 17(a) of the Securities Act of 1933 (Securities Act) and Section 10(b) of the Securities and Exchange Act of 1934, and Rule 10b-5 thereunder, as well as Section 206 of the Investment Advisers Act of 1940, based upon these same activities. The Complaint seeks a permanent injunction against Sharp and Gutierrez, seeks a freeze of the assets of , and disgorgement from, Sharp and EMCA. The complaint also seeks an accounting by Sharp, civil penalties from Sharp and Gutierrez and the appointment of a Special Master to take possession of Sharp's assets and EMCA's portfolio. The Commission would like to acknowledge the outstanding assistance of the State Securities Board of Texas, who worked closely with the Commission in its investigation. Their assistance is yet another example of the effective coordination by the State Securities Board and the Commission in their joint efforts to police securities fraud.